Regulation relevant to alien species - Denmark (DK)

National regulation on alien species
The Danish regulation on the introduction of new species distinguishes between
animals and plants.

Release of animals that do not occur naturally in Denmark into the natural
environment is prohibited under the Protection of Nature Act, Article 31, para
1 (no. 85/2002), which states that animals not native to Denmark are not to be
released to nature without permission.

The Hunting Act (no 114/1997) furthermore regulates the release of the game
animals. The release of fish for maricultural purposes is regulated by the
Fishing Act (no. 828/2004).

Regarding the release of organisms to freshwater systems the Forest and Nature
Agency has produced a guidance note on release of fish, crustacea and molluscs
in fresh water ("Vejledning om regler for udsætning af fisk, krebs og bløddyr i
de ferske vande"). The guidance note contains a "positive list" - species that
may be introduced as well as a "negative list" - introduced species occurring
in the wild in Denmark, but which are not to be released.

Non-native species are not explicitly dealt with under the Forestry Act, but
through some of the statutory orders affiliated with this law various lists of
accepted trees/shrubs are maintained. The species lists are used in connection
with subsidised plantings in forests and hedges.

Name of Act (area)

Bekendtgørelse
af lov om
naturbeskyttelse
/ Protection of
Nature Act

Number of act

Act no.
933 of
24.09.2009

Special section(s) relevant to IAS

Chapter 5

Content of regulations - mode of operation.

§30 - Regulations for the purpose of protecting or regulating the exploitation of
wild animals and plant species. The regulation may be used to prohibit or
restrict importation of some species.

§31 - Release of non-native animals is
prohibited. Rules may be put forward regarding to the deliberate release of
non-native animals and plants. This regulation pertains to landareas,
territorial waters and the fishing territories. In relation to the introduction
of animal species guidelines on the informational demands before release have
been developped.

The Hunting Act regulates game animals including species that are non-native
and that are deliberately released or have unintentionally escaped captivity
and which have established self-reproducing populations in the wild (article
2 §1).According to the Hunting Act (Article 6
§1) the Environment
Minister may issue a prohibition against deliberate releases of certain game
animals. The hunting season is also defined according to the Hunting Act. The
Hunting Act is supplemented by a statutory order on the ways of hunting and
hunting gear (statutory order no. 1018/2004). Under certain conditions the
statutory order allows breeding and release of Partridge (Perdix perdix),
Mallard (Anas platyrhynchos) and the introduced Pheasant (Phasianus colchicus)
Link: http://147.29.40.90/DELFIN/HTML/B2004/0101805.htmCh. 6 § 37 – The
Minister may
establish rules
for the
regulation of
game species in
order to meet
risks for humans
or human health,
to meet risks of
contamination of
humans or
animals, to
protect plants
and animals and
to prevent
extensive
damages on
buildings,
crops,
livestock,
forests, farmed
fish or fishing
areas and
waters. This is
applied in the
Statutory order
on damages
caused by game
species (see
below).

Chapter 12, Article 63, of the Fishing Act states that the deliberate release
of fish and eggs or brood thereof is not allowed, unless permission is
obtained. The Minister of Food, Agriculture and Fisheries must approve the
species to be released as well as a plan for the release.Mariculture is
specifically mentioned by the Fishing Act which states that the Minister of
Food, Agriculture and Fisheries must approve the breeding of fish on Danish
fishing territories (chapter 13, articles 66 and 67).

Opens for authorities to eradicate the plant on private land if the authorities
have an eradication plant for that particular geographical area.
This is applied
in the statutory
order on
eradication of
Giant hogweed,
no. 862 of
10/09/2009 (see
below).

§ 37 - The
Minister may
make rules for
the import and
export of
animals, parts
hereof, or
animal food,
semen, ova,
embryo of
animals, manure,
hay, straw,
animal feed and
other products
and articles
with which
diseases and
zoonotic
pathogens can
spread (animal
helath).
This has been
implemented in
relation to IAS
for Fiber
zibethicus (Ondatra
zibethicus)
and Sciurus
carolinensis,
in Statutory
order on fur
farming and
import and
transit of
furred animals.

§ 1 - The Minnister may
make rules for
eradication and
prevention of
introduction and
spread of living
organisms,
except
vertebrates, and
viruses that may,
directly or
indirectly, harm
the cultivation
of plants. The
Minister may
make rules for
the prohibition
of import, sale,
storage and
other forms of
possessions of
living plant
pests. Also, the
Minister may
make rules for
control, when
plants are
exported.§ 2 - The minister may make rules fo r the prohibition of planting certain
plants and for
the prohibition
of planting or
sowing certain
areas. Also,
rules can be
made by the
Minister
regarding orders
to isolate these
areas.

§ 1 - Everyone
is obliged to
keep their
domestic animals,
including furred
animals that are
bred in
captivity and
tamed rabits, on
his own property
all year round.
If a domestic
furred animal
escapes from
captivity and is
not captured
within two
months, it is
considered a
game. This also
goes for
offspring that
follow the
mother

§ 1 - The Mininster may
make rules to
prohibit the
keeping of
species or
breeds of bees
that can harm
the breeding
bees. This also
goes for species
or breeds of
bees that are
unwanted because
of other
breeding-related
reasons

Control of
Trade in
Endangered
Species
Enforcement
Regulations 1997
(CITES)

Number of act

Special section(s) relevant to IAS

This regulation
is related to
the protection
of endangered
wild animals and
plants by
controlling
their trade. It
is relevant to
IAS, since some
IAS are listed
because they if
released pose a
threat to native
flora and fauna.

Content of regulations - mode of operation.

A license is
required to
import species
listed in the
CITES Convention
Annex B, and the
following
species are
furthermore
listed under a
total import ban
and may thus not
be imported:
Oxyura
jamaicensis,
Callosciurus
erythraeus,
Sciurus
niger,Chrysemus
picta, and
Trachemys
scripta elegans.

§ 1, 4 & 5: The municipality
can, according
to an adopted
and published
action plan,
impose owners or
users of areas
where Giant
hogweed is
present, to
eradicate the
plant. If an
action plan has
been published,
owners and users
of the above
mentioned areas
are obligated to
effectively
eradicate the
plants. This
also applies for
public agencies.
The municipality
may impose
owners or users
of areas where
Giant hogweed is
present to carry
out the
eradication. The
municipality
controls that
action plans and
orders of
eradication are
complied with.
The municipality
has, with the
proper
identification,
the right to
access areas
included in the
action plan at
any time in
order to carry
out control or
eradication
measures.
§ 2 -
Eradication of
Giant hogweed
must lead to the
extinction of
the plant on the
area in question
and must prevent
reproduction of
the plant during
the effort.

Bekendtgørelse
om vildtskader /
Statutory order
on damages
caused by game
species

Number of act

No. 259 of
25.03.2011

Special section(s) relevant to IAS

Chapter 1 § 2
and
ch. 2 § 8

Content of regulations - mode of operation.

Ch. 1 § 2 – If no other
satisfying
solution can be
found, game
species can,
regardless of
the rules on
hunting seasons,
be regulated
under
circumstances
mentioned in
chapters 2 and 3
of the statutory
order in order
to meet risks
for humans or
human health, to
meet risks of
contamination of
humans or
animals, to meet
risks for the
aviation safety,
to protect
plants and
animals, to
prevent
extensive
damages on
crops, livestock
(including
farmed game),
forests, farmed
fish stocks or
fishing areas
and other waters
or to prevent
serious damage
on property
caused by game
species.

Ch. 3 § 6 and
Appx 1 – § 6 prohibits
companies
regulated by the
statutory order
to keep and sell
animal species
that can cause
danger or that
are particularly
difficult to
keep in a way
that is
responsible to
animal welfare
responsible way.
In appendix 1,
Procyon ssp.,
Nyctereutes
procyonoides
and domestic
forms of
Mustela vison
are exempted
from the
prohibition of
keeping and
selling (for fur
farming).

Ch. 1 § 3 & Appx
1 - § 3 prohibit
the keeping of
animal species
that can cause
danger or that
are particularly
difficult to
keep in a manner
responsible to
animal welfare.
In appendix 1,
Procyon ssp.,Nyctereutesprocyonoides
and domestic
forms of
Mustela vison
are exempted
from the
prohibition.

Owners or users
of real estate
that know of or
suspect a
presence of
Ondatra
zibethicus
are committed to
report this
immediately.
That applies
even though the
owner or user
may have killed
the animal.
After
instruction from
the Danish Pest
Infestation
Laboratory, the
owner or user is
under obligation
to eradicate or
assist in the
eradication of
the animal.

Includes list of
plant pests and
plants and plant
products which
it is prohibited
to import.

§ 2 & Appx 5
–
Importers of plants and plant
products etc.
mentioned in
appendix 5 must
be registered at
The Danish Plant
Directorate.
This does not
apply to persons
importing small
amounts of
plants or plant
products for
their own use
and
non-commercial
purposes.

§ 3 & Appxs 1 &
2 – To prevent
introduction and
spread of plant
pests, it is
prohibited to
import plant
pests listed in
appendix 1 and
plants and plant
products
attacked by
species listed
in appendix 2.

Annex 2 -
Includes a white
list of fish and
crustaceans not
regulated by Protection of
Nature Act
(see above)
because they are
considered to be
native. However,
the species
Stizostedion
lucioperca,
Cyprinus carpio,
Oncorhynchus
mykiss are
also listed even
though they are
not native,
because they are
considered very
common.

§ 5.3 - Release
into the wild of
species listed
in Annex 2
(white list)
does not require
a permit from
the Minister of
Environment.

Even though
species are
protected
according to § 2
and § 5 and
listed in annex
1, 2 and 3 (e.g.
all reptiles and
amphibians),
special
circumstances
can allow that
species that are
not native can
be eradicated if
they are a
threat to native
species.

The action plan
has many
recommendations,
e.g. that action
plans are made
for selected IAS.
This has been
applied in for
example the
Statutory order
on eradication
of Giant hogweed
(see above).
It is
recommended to
establish a
network with
representatives
from
governmental
agencies that
can coordinate
and strengthen
the work on IAS
in Denmark,
including
clarifying
definitions and
criteria. Also,
it is
recommended that
an advisory
group is
established with
members from
national
research
institutes,
NGO’s and other
relevant
stakeholders.
Both the
governmental
network and the
advisory group
have been
established.
It is also
recommended to
establish a
nationwide
electronic
reporting
system, where
citizens can
report findings
of IAS. The
system has been
established and
can be found
here:
www.naturstyrelsen.dk/Naturbeskyttelse/invasivearter/Indberetning/

Ch. 7.1 –
Denmark should
have no breeding
population of
Raccoon dogs in
2015.

The action plan
describes
biology,
habitats etc of
the Raccoon dog
and includes
eradication
methods, best
practices and
measurable goals
and strategies
for eradication.
It also includes
a section with a
“tool box” of
eradication
measures for
Raccoon dogs.
Several have
been
implemented. For
example as part
of the LIFE+
project on
Raccoon dogs, an
Early Warning
System,
consisting of
number of
cameras has been
set up along the
Danish-German
border and in
Denmark between
the peninsula of
Jutland and the
Island of Fynen.